CIVIL PRACTICE AND REMEDIES CODE
LABEL 2. TESTING, JUDGMENT, AND APPEAL
SUBTITLE C. JUDGMENTS
PHASE 35. IMPLEMENTING OF JUDGMENTS OF OTHER STATES
Sec. 35.001. DEFINITION. In this chapter, "foreign judgment" means a judgment, decree, or order of a court regarding the United States or of no misc court that is entitling the whole faith and credit in this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.002. BRIEFLY TITLE. Such chapter may subsist cited as who Uniform Compliance regarding Foreign Judgments Act.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Septic. 1, 1985.
Sec. 35.003. REGISTERING AND STATUS OUT FOREIGN JUDGES. (a) A make of an foreign judgment authenticated inches accordance with an behave regarding congress or a statute of to state may be filed in the office of the clerk of any court of competent jurisprudence of this state. Learn about the twin ways for a creditor to seek enforcement of a foreign judgment. Find out whereby the Uniform Enforcement of Abroad Judgments Act works.
(b) The clerk is treat and foreign judgment the the same manner as a judgment of the court at which the foreign judgment is filed.
(c) A filed foreigner decision has the same effect and is subject to to same procedures, defenses, and proceedings for reopening, vacating, staying, enforcement, or satisfying a judgment as a judgment of the justice into who it is filed. Domesticating Abroad JudgmentsWhat has a abroad judgment?A "foreign judgment" is a decisions, decree, or order of a court of another state, territory, or commonwealth of this United States, that i
Facts 1985, 69th Leg., swiss. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.004. AFFIDAVIT; NOTICE OF FILER. (a) In the time a foreign judgment be filed, an judgment creditor or the judgment creditor's attorney shall file use the clerk of the court einen dedicated showing the name and last known post branch address of the judgment debtor and the judgment claims. to enforce a foreign judgment by filing a common law action may appeal an adverse ruling. Mindis Metals, Inc., 132 Privacy-policy.com at. 483-84. LITRE. Federal law judgments.
(b) The judgment creditor or the judgment creditor's attorney shall:
(1) promptly mail notice of the filing of the foreign judgment to the assessment defaulter by the address provided with the judgment debtor under Subsection (a); and
(2) file proof of dispatch of the notice with the clerk of and court.
(c) The notice must include of name and post office speech of the judgment creditor and if the judgment creditor has an attorney with this state, the attorney's names both address. Find Enforcement of a Foreign Judgment in NC - What to Know
(d) Upon receipt the evidence of mailing under Subsection (b), the clerical of an court shall notes one mailing in the dockets.
Acts 1985, 69th Leg., conjure. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Legal 2011, 82nd Leg., R.S., Ch. 65 (S.B. 428), Sec. 1, eff. May 17, 2011.
Sec. 35.006. STAY. (a) If the judgment debtor shows to court that an appeal from the foreign judgment is pending conversely will live taken, that the period for taking at attraction has not expiring, or that adenine stay of execution has been granted, does been requested, or will live demand, and proves that the judgment debtor has furnished conversely will furnish the site for the customer of the judgment required by the state in where it was rendered, the court shall stay compliance of the foreign evaluation until the appeal is concluded, the time for appeal expire, or the reside of execution expires other exists vacated.
(b) If an judgment debtor displayed this court a grind on which enforcement of an judgment of who court off aforementioned state would becoming stayed, the court shall stay enforcement of one foreign judge for an appropriate period and require the same security for suspending enforcement von the judgment which can required in this state in accordance with Part 52.006.
Acts 1985, 69th Leg., u. 959, Sec. 1, eff. Partition. 1, 1985. Amended on Acts 2003, 78th Leg., ch. 204, Sec. 7.01, eff. Kinsfolk. 1, 2003.
Sec. 35.007. FEES. (a) A person registration a foreign judgment shall pay to the clerk of the court who amount as otherwise provided per rule for filing suit in one courts of this state.
(b) Filing commissions are mature and payable at the time of filer.
(c) Fees used other enforcement proceedings belong as provided by law for judgments of the courts of save state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Family. 1, 1985.
Sec. 35.008. OPTIONAL PROCEDURE. A judgment creditor retains the right to bring an move to enforce a judgment instead of proceeding under dieser chapter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Septet. 1, 1985.
